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Royal Decree 318/1996 Of 23 February, Which Approves The Statute Of The Autonomous Body Museo Nacional Centro De Arte Reina Sofia.

Original Language Title: Real Decreto 318/1996, de 23 de febrero, por el que se aprueba el Estatuto del Organismo autónomo Museo Nacional Centro de Arte Reina Sofía.

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TEXT

On May 27, 1988, the Museo Nacional Centro de Arte Reina Sofía was created by Royal Decree, by virtue, as expressed in the explanatory statement, of the outstanding contribution of the Spanish artists to the configuration of the modernity. The historical evolution of the Plastic Arts in the present century has marked the development of this Museum in terms of its activity and legal configuration. In this sense, Law 4/1990, of 29 June, of the General Budget of the State for 1990, in its article 83 grants the Museum the nature of an administrative autonomous body, empowering the Government to approve the Statute of the Queen Art Center. Sofia.

From among the changes introduced by the Statute that is approved by this Royal Decree, it is worth mentioning the new definition of the composition and functions of the governing bodies of the Agency, which is due to a etiological: to promote the culmination of the process of institutional maturation of the Museum. This objective is intended to be met by means of competing formulas that will make it possible to move towards greater autonomy in strategic decision-making on the institutional orientation of the Museum.

Finally, and not being able to result in this norm from other normative changes produced after Royal Decree 535/1988, of 27 May, rules of remission are introduced in the Statute and point references are made to laws and regulations adopted in recent years.

In its virtue, in accordance with the provisions of Article 83.4 of Law 4/1990, of 29 June, at the initiative of the Minister of Culture and on the proposal of the Minister for Public Administrations, according to the Council of Prior to the Council of Ministers meeting at its meeting on 23 February 1996

D I S P O N G O:

Single item.

The Statute of the National Museum of the National Museum Queen Sofia, which is annexed to this provision, is approved.

Additional disposition first.

The Subdirection referred to in Article 9.1 of Royal Decree 535/1988 of 27 May is deleted.

Additional provision second.

They form part of the Heritage assigned by the State to the Agency for the fulfillment of its purposes the building of the headquarters of the Museum, former General Hospital located in the street Santa Isabel, 52, as well as the building of the Palace of Velazquez, on Venezuela Avenue, without number, both in the municipality of Madrid, as well as any other that in the future could be attached to it.

Additional provision third.

The Museo Nacional Centro de Arte Reina Sofía will proceed, within the maximum period of two years from the entry into force of this Royal Decree, to the updated normalization of the Registry of the movable property members of the Patrimony Historical Spanish held in the Museum. The following circumstances shall be recorded in the Register:

a) Identification and location of the works.

b) Conservation status.

c) Treatments performed for consolidation and restoration.

(d) Legal acts and contracts relating to them.

Single transient disposition.

Units and jobs with a lower organic level than Subdirección General shall continue to remain and their holders shall be paid from the same budgetary appropriations until the corresponding budget appropriations are approved. Relations of the Agency's working positions, adapted to the organic structure established in the Statute of the National Museum of the National Museum Art Center Reina Sofía. This does not in any way imply the creation of administrative units or jobs that could generate increased public expenditure.

Single repeal provision.

The Royal Decree 535/1988 of 27 May, for which the Reina Sofía Art Centre is set up as a national museum, is hereby repealed; the Order of 29 June 1988, which regulates the composition, competence and functioning of the Advisory board of the Reina Sofía Art Center, as well as all the provisions of equal or lower rank in what they oppose to the established in the present Royal Decree.

First disposition first.

The Minister of Culture, after having complied with the appropriate legal procedures, will dictate the necessary provisions for the development of the provisions of this Royal Decree and, in particular, to determine the composition, functions and operating arrangements of the Technical Advisory Board referred to in Article 4 (2) of the Staff Regulations of the Autonomous Body.

Final disposition second.

The Ministry of Economy and Finance will carry out the necessary budgetary changes to comply with the provisions of this Royal Decree.

Third end disposition.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid to 23 February 1996.

JOHN CARLOS R.

The Minister for Public Administrations,

JUAN LERMA BLASCO

ANNEX

Statute of the Autonomous Body National Museum Queen Sofia Art Centre

Article 1. Nature, classification and legal status.

1. The Museo Nacional Centro de Arte Reina Sofía is an autonomous agency of an administrative nature from the ones referred to in the first paragraph of Article 4 (1) of the General Budget Law, approved by Royal Legislative Decree 1091/1988, 23 of September, and is attached to the Ministry of Culture, depending on the holder of the Department, through the Directorate General of Fine Arts and Conservation and Restoration of Cultural Property.

2. The Museo Nacional Centro de Arte Reina Sofía has its own legal personality and ability to act for the fulfillment of its purposes and is governed by the law on the Law on the Legal Regime of the Autonomous State Entities, in the Law General Budget, in the Law of the Spanish Historical Heritage, in the legislation in force on Museums of State ownership, in the other provisions of application to the Autonomous Bodies, and in the present Statute.

Article 2. Objectives and functions.

Correspond to the Museo Nacional Centro de Arte Reina Sofía the following objectives and functions:

a) Promote the knowledge and access of the public to modern and contemporary art in its various manifestations and promote the social communication of the plastic arts.

b) Ensure the protection, conservation and restoration, and promote the enrichment and improvement of the movable and immovable property of historical value that integrate its heritage.

c) Order the collections in an orderly manner for contemplation and study.

d) Develop programs of temporary exhibitions of modern and contemporary art.

e) To promote access to collections, of Spanish and foreign visitors, and to facilitate their study to researchers, without prejudice to restrictions which, due to the preservation of the protected property, may set.

f) To promote the knowledge, dissemination and communication of the works and cultural identity of the artistic heritage of the Museum and to develop didactic activities in relation to its contents.

g) To provide the services of advice, information, study or opinion of a scientific or technical nature required by the competent bodies of the General Administration of the State, or arising from the conventions or contracts awarded with public or private entities, or with natural persons, under the conditions and requirements that are regulated in law.

h) To contribute to the training and improvement of personnel specialized in museology and museography, both to meet the needs and services of the Museum and to meet the demands of other sectors.

i) Develop research programs and develop and publish catalogs and monographs.

j) Establish cooperative relations and collaboration with other museums, universities, research centers, or national or foreign cultural institutions to encourage the exchange of experiences and knowledge.

k) Develop joint actions with the entities mentioned in the previous paragraph that can contribute to the best performance of their respective purposes and jointly organize with them temporary exhibitions of plastic arts.

Article 3. The collection.

The Museum's collection is made up of works by Spanish artists of the twentieth century and international artists and movements that maintain links and correspondences with those. As for the assignment of works of authors born in the nineteenth century, it will be attended to the provisions of Royal Decree 410/1995, of March 17, on reordering of the stable collections of the National Museum of the Prado and the National Museum of Art Center Queen Sofia.

Article 4. Governing bodies and advisers.

1. The following are the governing bodies of the Museo Nacional Centro de Arte Reina Sofía:

a) The President.

b) The Royal Patronate of the Museo Nacional Centro de Arte Reina Sofía.

c) The Director.

2. Without prejudice to the power of the decision-making bodies to request reports and advice on matters identified to persons or entities deemed appropriate, a Technical Advisory Board may be set up, with consultation and advisory functions. governing bodies of the Museum.

Article 5. The President.

1. The President of the Museo Nacional Centro de Arte Reina Sofía is the Minister of Culture.

2. Corresponds to the President:

a) The Agency's senior management.

b) The convocation and chairmanship of those sessions of the Royal Patronato to which he deems fit to attend.

c) The approval of the Museum's annual plan of objectives, its monitoring and control of effectiveness in accordance with current regulations.

Article 6. The Royal Board: nature, composition and operating system.

I. The Royal Patronate is the collegiate governing body of the Museo Nacional Centro de Arte Reina Sofía.

II. The Royal Patronato, constituted under the Presidency of honour of SS.MM. the Kings of Spain, is composed of the following members:

1. Vowels:

a) The Director General of Fine Arts and Conservation and Restoration of Cultural Property.

b) The Museum Director.

c) The Subdirector of Conservation, Research, and Broadcast.

d) The Museum Manager.

e) A representative of the Ministry of Economy and Finance with at least the category of Director-General.

f) The President of the Friends of the Museum Association.

2. Vowels by designation:

A minimum of nine and a maximum of eleven Vocals designated and separated by the Minister of Culture, among persons of recognized prestige or competence in matters related to the Culture and the Plastic Arts distinguished for its services or assistance to the Museum.

3. The appointed Vowels shall perform their duties for a period of up to six years from the date of their respective appointments.

III. President, Vice President and Secretary.

1. The Royal Patronate has a President and a Vice-President, elected by the Plenary of the same among the Vocals appointed by the Minister of Culture.

2. It is for the President to represent the Royal Board of Trustees and the convening and chairing of its meetings, without prejudice to Article 5.2 (b) of this Statute.

3. The President shall be replaced in the performance of his duties by the Vice-President and, in the absence of the Vice-President, by the designated senior Vocal.

4. He shall exercise as Secretary, with a voice but without a vote, an official of the Agency appointed by the Royal Board on the proposal of the Director of the Museum.

IV. The Royal Patronato acts in plenary and in the Permanent Commission:

1. The plenary session is composed of all the national and appointed Vocals.

2. The Permanent Commission is composed of the President and Vice-President of the Royal Board, the Director of the Museum, the Deputy Director of Conservation, Research and Broadcasting, the Manager and between two and four Vocals appointed by the Plenary.

3. The sessions of the plenary and the Standing Committee are ordinary or extraordinary. The ordinary sessions of the plenary session shall be held at least every three months and shall be held by the Standing Committee, each two. The extraordinary sessions shall be held, upon convocation by the President of the Royal Board, on his own initiative, or at the reasoned request of the third part of his Vocals or the Director of the Museum.

V. Constitution of commissions.

1. The Royal Board of Trustees may set up committees for certain matters, designating the Presidents and Vocals to form them.

2. The Royal Board of Trustees may agree to attend certain sessions of managers and experts of the Museum or others, whose presence is considered to be of interest for the matters to be dealt with.

VI. As provided for in this Statute on the functioning of the said bodies, the provisions of the Law on the Legal Regime of the Public Administrations and of the Public Administrations of the European Communities shall apply as an additional requirement. Common Administrative Procedure.

Article 7. Royal Board of Trustees ' powers.

I. It is for the plenary:

1. Define the general guidelines for the Museum's performance and promote the fulfillment of the functions assigned to it.

2. Develop the Plan of Objectives and elevate it to the Minister of Culture for approval and to approve, in development of the previous one, the General Plan of Action as well as the Memory of activities.

3. Approve the proposal for a preliminary draft budget of the Museum and requests for the granting of appropriate budgetary changes, for its elevation to the Ministry of Culture and subsequent processing, as well as to verify its implementation and approve the accounts of the Agency.

4. Adopt, on a proposal from the Director, the draft rules on the internal operating system of the Museum or, where appropriate, raise them to the Ministry of Culture for approval, as well as to inform the general provisions to be proposed. to issue the competent bodies of the General Administration of the State which affect the Museum.

5. To encourage and promote the participation of society in the enrichment of the Museum's collections and in its support.

6. To accept donations, legacies and inheritances of all kinds in favor of the Museum, without prejudice to the provisions of the eighth additional provision of Law 16/1985, of 25 June, of the Spanish Historical Heritage.

7. To authorize acquisitions for consideration of works of art by the Museum or, where appropriate, to raise to the Minister of Culture the proposed acquisition.

8. To inform, in accordance with the provisions of Royal Decree 1684/1990, of 20 December, for which the General Regulation of Collection is approved, the payments in payment of the tax liability referred to in Article 73 of the Law of the Heritage Historical Spanish.

9. Request from the Ministry of Culture the authorization for the granting and lifting of contracts for the deposit of works of art belonging to the Museum for a period exceeding five years and to accept deposits of works in the Museum for the same period, without prejudice to Articles 8 and 9 of the Regulation of Museums of State Entitlement and of the Spanish System of Museums, approved by Royal Decree 620/1987 of 10 April, and in Article 63 of Law 16/1985 of 25 June 1985, of the Spanish Historical Heritage.

10. Approve, as appropriate, the modifications in the grouping and ordering of the existing collections in the Museum.

11. To authorize the treatments of extraordinary character or of special importance for the conservation or restoration of the works of art of the Museum.

12. To request the attachment of real estate to the Museum and to inform, prior to its approval, the projects of works or actions on the same ones as referred to in article 19 of Law 16/1985, of 25 June, of Historic Heritage Spanish.

13. Approve the annual programme of exposures and their modifications if any.

14. Approve the general conditions of sale of publications and any other class of objects in the facilities of the Museum and the reproduction of their artistic works, in accordance with the provisions of the legislation on intellectual property and in the Law 8/1989, of 13 April, of Public Fees and Prices.

15. To issue a prior report on the calls for the provision of the Museum's jobs, specialized in conservation and research tasks and assigned to the Subdirection of Conservation, Research and Dissemination, as well as the processes selective for access to vacant places in that Subdirection, of new income workers, in the terms provided for in the legislation in force on the civil service.

16. To appoint members of the plenary individually for the performance of special missions or tasks.

17. Require, through the Director, the referral of how much data, background, reports, and studies it deems useful for the performance of their duties.

II. It corresponds to the Standing Committee:

1. To arrange for the departure of artistic works outside the Museum's premises and to request the necessary authorization from the Ministry of Culture, prior to the report, in any case, of the Head of the Department of Conservation of the corresponding collection, through the Director of the Museum, as well as approve the loans and deposits of works of the collection for periods of not more than five years, approve collections of deposits of works of the collection of the Museum and accept deposits of works in the Museum for a period not exceeding five years, all without prejudice to Articles 8 and 9 of the Regulations of Museums of State Entitlement and of the Spanish System of Museums, approved by Royal Decree 620/1987, of April 10. 2. Accept economic contributions in favor of the Museum.

3. Assume all other functions entrusted to you by the Royal Board of Trustees, except those contained in paragraphs I. 1, 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 16 and 17 of this article.

4. To give an account to the plenary of the Royal Board of the agreements adopted, in any case, in the exercise of the above powers.

Article 8. The Director of the Museum.

I. The Director of the Museum is freely appointed and separated by Royal Decree agreed upon in the Council of Ministers, on the proposal of the Minister of Culture and heard by the Royal Board.

II. Corresponds to the Director of the Museum:

1. The address of the Museum and its staff.

2. The coordination, drive and inspection of the Museum Services.

3. The ordinary representation of the Museum.

4. The proposal to the Royal Board of the general action plans of the Museum and the execution of their agreements.

5. The proposal to the Royal Board of the Museum's annual activities.

6. The elaboration of the proposal of the Preliminary Draft Budget of the Agency and its presentation to the Royal Board, as well as the accountability.

7. The procurement on behalf of the Agency and the provision of expenses and payment arrangements for the Agency.

8. Take the necessary measures to ensure that the protection of the artistic heritage of the Museum is guaranteed and to approve treatments for the preservation or restoration of works of art not covered by Article 7.I, 11 of the present disposition.

9. To submit to the approval of the Royal Board the plans of grouping and sorting of the collections, to propose acquisitions of works of art and to have those that must be exhibited on a permanent basis.

10. Raise to the Royal Board for approval the annual program of exhibitions of the Museum, as well as the proposal of designation of the commissions or commissars that, under their supervision, manage their realization and installation and propose the works that they must be displayed.

11. To make it easier for the Ministry of Culture to provide information about the movable property belonging to the Spanish Historical Heritage in the Museum.

12. Promote cooperation and collaboration agreements with other museums and related institutions, and the organization of both national and international educational, cultural and scientific activities.

13. Approve development and professional development programs.

14. Assume all other functions are not expressly entrusted to the other organs of the Museum and correspond in accordance with the general provisions to the Directors of Autonomous Bodies.

Article 9. Basic structure.

1. The following units are dependent on the Museum Director at the organic level of Subdirectorate General:

a) The Conservation, Research, and Broadcast Subdirection.

b) The Management.

2. The Conservation, Research, and Broadcast Subdirection.

Corresponds to this General Subdirection:

a) Address the compilation of the inventory and the catalogue of the Museum's collection, as well as the Registers referred to in Article 10 of the Regulation of the Museums of State Entitlement and the Spanish System of Museums, approved by Royal Decree 620/1987 of 10 April.

b) Lead, plan, and coordinate the activity of departments and services in your office.

c) To promote and articulate the development of research programmes, to coordinate their development and implementation, and to provide for appropriate measures for the exploitation and dissemination of results.

d) To elaborate the plans of action for the conservation, consolidation and restoration of the artistic heritage of the Museum, to submit to study the works to be the subject of treatments and to request the Director of the Museum approval required for the performance of the same.

e) Manage and develop scientific and technical cooperation and collaboration agreements with other museums, universities and research centers.

f) Organize and direct central archive services, documentation, historical value furniture record, library, and Museum documentation center.

g) Coordinate the development of the scientific catalogues and propose the annual plan of publication of the Museum, as well as the acquisition plan for the library.

h) Develop and propose the programs of development and professional improvement of the scientific and technical staff of the Museum.

i) Attend the Director of the Museum in the performance of his or her optional functions, and exercise any other functions entrusted to him by delegation of the Museum.

3. Management.

Corresponds to this General Subdirection:

a) The economic-administrative management of the Museum.

b) Propose objectives and actions for the improvement of the results of economic management and the best use of the resources allocated to the Museum.

c) Manage and control the execution of works contracts and maintenance services of the Museum's facilities.

d) The administration of personnel, as well as labor relations and collective bargaining agreement, in any case, with the legislation in force in the field of public service.

e) The security and administrative control of the assets and values constitutive of the Museum's heritage, and the collaboration with the Subdirectorate of Conservation and Research in the management of the Register of Works of Art.

f) The drawing up of the budget clearance account to be delivered to the Court of Auditors through the State General Intervention.

g) The assistance and advice to the Director of the Museum in economic and financial matters, in particular as regards the proposals of this nature that should be elevated to the Royal Board for approval.

h) The direction, coordination, and planning of the departments and Services activity in your office.

i) How many other functions are entrusted to you by the Museum Director.

Article 10. Goods and economic resources.

The assets and economic means of the Museo Nacional Centro de Arte Reina Sofía are as follows:

1. The assets and securities that constitute their assets and the products and income of the equity.

2. Transfers and grants which are recorded annually in the General Budget of the State.

3. The revenue of public or private law to be charged to you.

4. Grants, voluntary contributions, donations, inheritances and legacies that are awarded in their favor by public or private persons.